What You Need to Know about NY’s New Sealing Law

Beginning October 7th, 2017, a new sealing law went into effect in New York state.

Criminal Procedure Law 160.59 allows people who have been convicted in no more than two cases to apply to seal certain convictions from New York if the convictions fulfill specific requirements:

Only one of the convictions can be a felony case.

Ten years have passed since the sentencing or release from jail or prison.

The conviction cannot be a sex offense, violent felony, or serious felony.

It is also important to note that if you have several convictions that were “committed as part of the same criminal transaction,” they are counted as a single conviction.

What Does a Sealed Conviction Mean?

A criminal conviction can make it hard to find housing or employment, but sealing your convictions would change that. After a conviction is sealed, most employers, renters, and others would not be allowed to consider your sealed convictions.

However, there are still certain individuals and agencies who can gain access to your sealed convictions, such as:

You (or someone you choose)

Law enforcement agencies, including district attorneys’ ofﬁces, probation departments, and child protective services

Employers considering you for a job as a police or peace ofﬁcer

Agencies who review your gun license application

The FBI if it runs a background check if you try to buy or possess a gun

Additionally, the sealed conviction would still be considered a conviction if there is a future criminal case where the prior conviction would enhance the penalty or otherwise is an element of the charge.

If you have been convicted of a crime, your can act to restore the rights…

About

As a Brooklyn criminal defense lawyer, Steven Hubert’s goal is to help you avoid prosecution, jail, and other penalties. His team will thoroughly investigate the allegations made against you to ensure you receive fair treatment in court.